The veteran's post-concussion syndrome with headaches, organic disorder, and dysthymia is rated at 100% prior to June 23, 1999, and since then the rating has been increased to 70%. The veteran's labyrinthitis warrants a 30% disability rating. Right ear hearing loss does not warrant any compensable evaluation.,The veteran was granted a 100% disability rating for his service-connected post-concussion syndrome with headaches, organic disorder, and dysthymia prior to June 23, 1999, based on the evidence showing he was demonstrably unable to obtain or retain employment as a result of this condition. The veteran's labyrinthitis is rated at 30% since it is manifested by tinnitus, dizziness, and occasional staggering.
The deciding factor: The pre-November 1996 criteria for rating the veteran's post-concussion syndrome are more favorable to him as they result in a grant of a 100 percent disability rating. The amended criteria for rating peripheral vestibular disorder or labyrinthitis do not provide a higher rating than what is currently assigned.,The pre-June 1999 and the amended criteria for rating hearing loss disabilities are not more favorable to the veteran as his right ear hearing loss does not meet the criteria for a compensable evaluation.
- Claimed conditions
- post-concussion syndrome, labyrinthitis, right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 10, 2006
- Citation
- 0610351
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0610351.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
- Remanded (sent back)
The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for right ear hearing loss. The Veteran does not have left ear hearing loss for VA purposes.
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